Mitchell v. Toledo, St. L. & W. R.
Court of Appeals for the Sixth Circuit
.'In. Error to the Circuit Court of the United States for the Western Divisiqn of the Northern District of Ohio.’ Action at law by Thorn W. Mitchell, administrator of the estate of Henry Cary, deceased, against the Toledo, St. Louis & Western Railroad Company. Judgment for defendant, and plaintiff brings error. Reversed.
1Opinion of the Court
WARRINGTON, Circuit Judge.
The administrator brought suit in
the court below “under the general laws of the state of Ohio and of the United States” for the benefit of the widow and child) of the deceased, Plenry Cary, to recover damages on account of fatal injuries alleged to have been received by Cary on July 16, 1906, without fault on his part, but through negligence of the railroad company. Judgment upon a directed verdict was rendered for the railroad, and the case is prosecuted here on error. While in the employ of the company in its railroad yards at Delphos, Ohio, Cary undertook to…
2Cases cited13 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
- Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
- Mt. Adams & E. P. Inclined Ry. Co. v. LoweryCourt of Appeals for the Sixth Circuit · 1896
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3Cited by5 opinions
- Hales v. Michigan Cent. R.Court of Appeals for the Sixth Circuit · 1912
- Engel v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1923
- Waters v. GuileCourt of Appeals for the Sixth Circuit · 1916
- American Shipbuilding Co. v. LorenskiCourt of Appeals for the Sixth Circuit · 1913
- Graham v. QuinlanCourt of Appeals for the Sixth Circuit · 1913